Page No.# 1/3 GAHC010199542024 2025:GAU-AS:11509 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./379/2024 NIJWMSWRANG BORO AND ANR S/O ASHOK BORO R/O VILL- GOROIMARI P.S. UDALGURI P.O. UDALGURI DIST. UDALGURI, ASSAM PIN-784509 2: SAJWNA BASUMATARY W/O NIJWMSWRANG BORO R/O VILL- GOROIMARI P.S. UDALGURI P.O. UDALGURI DIST. UDLALGURI ASSAM PIN-78450 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P THAKURIA, MR G KAKOTI,S MEDHI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 28.08.2025 1. Heard Mr. G. Kakoti, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. The challenge in this revision is to an order dated 01.08.2024, whereby charge under Section 20(b)(ii)(C) of the NDPS Act was framed against the accused persons/petitioners. 3. It is submitted by the learned counsel for the petitioners that the alleged recovery was of 8.260 kgs of ganja which falls within the category of intermediate quantity in as much as commercial quantity of ganja is 20 kgs as per the relevant notification issued by the Central Government. 4. Upon perusal of the seizure list and connected documents, the aforesaid contention of the petitioner is found to be justified and evidently, the trial court has committed an error in framing the charge under Section 20(b)(ii)(C) of the NDPS Act which pertains to commercial quantity. Consequently, the impugned order dated 01.08.2024, framing charge against the accused under the aforesaid Section 20(b)(ii)(C) of the NDPS Act is hereby set aside. 5. The learned trial court is directed to consider the matter and frame the charge under the appropriate provision of law. 6. With these, the instant revision petition stands allowed Page No.# 3/3 and disposed of. JUDGE Comparing Assistant